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Sunday, 6 January 2019

Whether it is necessary to adduce oral evidence to prove terms of lease deed?

Section 91 of the Indian Evidence Act deals with evidence of terms of contracts, grants and other dispositions of property reduced to the form of documents. The lease deed is a document within the meaning of Section 91 and, therefore, no amount of oral evidence is required for elucidation of the terms and conditions stipulated under the said lease deed. The document speaks for itself. So also Section 92 is relevant in the present case which relates to exclusion of evidence of oral agreement. When the document itself is admitted, no oral agreement can improve the defendant's case.